Probate
Mohan R
(Querist) 13 April 2013
This query is : Resolved
DearExperts,
I have my father;s registered will since 16 years. It was registered in Delhi. I have only 3 questions from all experts:-
A)I believe it is not mandatory to probate in Delhi but why??? Any statute in this connection.???
B)If beneficiaries (Class I) heirs have acted upon it, does it still require probate if contested by an ousted Class I LR.??
C)Can Class II heirs (children of the beneficiaries) contest such a registred Will.
Thanks
Devajyoti Barman
(Expert) 13 April 2013
1. We can not reply why? If you want relief then apply for probate.
2. If mandatory then without probate, Will has no value.
3. No unless they produce another Will.
prabhakar singh
(Expert) 13 April 2013
1.Probate is must for wills made or properties
lying in presidencies and in other areas it is optional unless a notification of it's application is published by the Govt.
2.(B) is not a question.Both (B) & (C) can be answered to gather.Any WILL whether registered or not,can be challenged by any person who can show to the court that had there been NOT A WILL, he/she could have inherited the property under a particular succession law.The grounds set up may be impersonation ,forgery , fabrication,or undue influence,lack of free consent,testators' mental incapacity etc.
R.K Nanda
(Expert) 13 April 2013
agree with experts.
ajay sethi
(Expert) 13 April 2013
advisable to obtain a probate if you apprehend that will would be challenged by some leagl heirs . probate is madatory for poperties in Mumbai , Kolkata , Madras
B K Raghavendra Rao
(Expert) 13 April 2013
You need to take probate for a will. Question of class I or II does not arise as the contents of will would be specific about the beneficiaries of the estate of the testator.
